PROCEDURES
No certificate of occupancy under Chapter 10 shall be issued unless the intended use of the property complies with the applicable provisions of this article.
(Code 1976, § 18.24.010)
(a)
Authority. Wis. Stats. § 62.23(7)(e) is adopted by reference.
(b)
Appeals.
(1)
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer or department of the City affected by any decision of the administrative official. Such appeal shall be taken within 30 days after such order or decision as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2)
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Division Director certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Division Director, and on due cause shown.
(3)
Notice of hearing. The Zoning Board of Appeals shall fix a reasonable time, but in no case longer than 90 days, for the hearing of the appeal. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official city newspaper. Notice of the time, place and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner, and the owners of record, as listed in the Office of the City Assessor, who are owners of property adjoining the property affected by any appeal. The notice shall be sent at least ten days prior to the date of such public hearing.
(4)
Findings and decision of the Zoning Board of Appeals. The Zoning Board of Appeals shall make findings and shall render a decision on the appeal within a reasonable time, but in no case longer than 90 days. The Board, upon the concurring vote of four members, may reverse wholly or partly, or may modify the order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Building Division Director and may issue or direct the issue of a permit.
(c)
Variances.
(1)
Authority to grant variances. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this article, but such variance must be in harmony with the general purpose and intent of this article and may be granted only when the Board determines that the literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship.
(2)
Application for variance and notice of hearing. An application for a variance shall be filed with the Zoning Board of Appeals. The application shall contain such information as the Zoning Board of Appeals may from time to time by rule provide. After the filing of such application, a public hearing shall be held by the Zoning Board of Appeals on such application. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official City paper. Notice of the time, place, and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner and the owners of record as listed in the Office of the City Assessor who are owners of property adjoining the property affected. Said notice shall be sent at least ten days prior to the date of such public hearing.
(3)
Standards for variance.
a.
The Zoning Board of Appeals may upon appeal in specific cases authorize such variance from the terms of the title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, substantial justice done.
b.
The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to better carry out the general intent of this article.
(4)
Authorized variances. Variances shall be granted by the Zoning Board of Appeals only in accordance with the standards set forth in Subsection (c)(3) of this section and may be granted only in the following instances:
a.
To permit any yard or setback less than the yard or setback required by the applicable regulations;
b.
To permit a use of a lot or lots that is otherwise prohibited solely because of the insufficient area or width of the lot or lots, but only when the respective area and width of the lot or lots is at least as great as required in the zoning district of the same category most immediately less restrictive than the subject district. For this purpose, residence, office/residence, business and industrial are separate categories of districts;
c.
To permit off-street parking and loading standards that are less than required by this article;
d.
To allow an increase of from one to 40 percent in the maximum distance that required parking spaces are permitted to be located from the use served;
e.
To allow the reduction or elimination of area or dimensional requirements and the reduction or elimination of standards.
(Code 1976, § 18.24.020)
(a)
Authority. The regulations, restrictions and boundaries set forth in this article may from time to time be amended, supplemented, or repealed; provided, however, that no such action may be taken until after a public hearing is held by the City Council in the manner set forth in Wis. Stats. § 62.23(7).
(b)
Initiation of amendment. Amendments may be proposed by the City Council, the Plan Commission, the Zoning Board of Appeals, or any interested person or organization.
(c)
Application and hearing on amendment. All applications for an amendment shall be filed with the City Planner, together with the review fee as required in Section 42-277. Such application shall be forwarded to the City Council for its referral to the Plan Commission. The Plan Commission may hold a public hearing at its discretion and shall report its findings and make recommendation to the City Council. The City Council, only after receiving such recommendation from the Plan Commission, shall hold a public hearing on the application. However, if the Plan Commission does not so report and recommend within 60 days of the submission of the application, the City Council may proceed to hold the public hearing and consider the application.
(d)
Notification of a proposed amendment to the zoning district map.
(1)
Notification of a Plan Commission or City Council hearing shall be by written notice and sent to the specified property owners not less than ten days prior to the scheduled date of the public hearing.
(2)
The Planning Division shall be responsible for the notification of all property owners:
a.
Within the boundaries of those lands being considered for any zoning district change;
b.
Within 400 feet of the boundaries of those lands being considered for a zoning change.
(3)
Such notification shall be made by regular mail and shall be addressed by name to the property owners as recorded in the property tax assessment rolls.
a.
The letter of notification of a Plan Commission or City Council public hearing shall include the following:
1.
The date, time and place of the public hearing on the subject rezoning;
2.
The present and the proposed zoning;
3.
A description or address of the property for which the zoning is proposed;
4.
The name and address of the party or parties requesting the proposed zoning, and at their option, a statement as to the intended or planned use of the property;
5.
An invitation to attend the public hearing.
b.
A map of the proposed area to be rezoned shall be included with each notification.
(Code 1976, § 18.24.030)
(a)
Purpose. The development and execution of this article is based upon the division of the City into districts within which the use of land and buildings and the height and location of buildings and structures in relation to the land are substantially compatible. However, there are certain uses that, because of their unique or varying characteristics, cannot be allowed as a permitted use in a particular district without consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use of the particular location.
(b)
Application for conditional use. An application for a conditional use permit shall be filed with the City Planner on a form prescribed by the City Planner, accompanied with the required fee. The application shall be accompanied by such plans and information as are required by the site plan review in Section 42-273(d) and shall include a statement in writing by the applicant and evidence showing that the proposed conditional use shall conform to the standards set forth in Subsection (s) of this section.
(c)
Site plan review. An application for a conditional use permit shall be referred to the Site Plan Review Committee. The Site Plan Review Committee shall within 15 days of such referral make a recommendation to the Plan Commission.
(d)
Hearing on application. Upon receipt of the application and other material referred to in Subsection (b) of this section, the Plan Commission shall hold a public hearing on the application for a conditional use at such time and place as shall be established by such commission.
(e)
Notice of hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within 400 feet of the subject site, said notice to be sent by regular mail at least ten days prior to the date of such public hearing.
(f)
Plan Commission Review. The Plan Commission, after a public hearing, shall, within a reasonable time, not to exceed 90 days, grant or deny any application for a conditional use. Failure to act shall constitute denial of the request. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(g)
Standards. No application for a conditional use shall be granted unless the Plan Commission finds:
(1)
That a recommendation has been made by the Site Plan Review Committee;
(2)
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use;
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4)
That adequate utilities, access roads and drainage have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the streets;
(6)
That the site for the proposed use is adequate in size and shape to accommodate the use;
(7)
That the conditional use shall conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Plan Commission;
(8)
That any large-scale development complies with the standards of Article XI of this chapter.
(h)
Conditions. The following conditions shall apply to all conditional uses:
(1)
Prior to the granting of any conditional use, the Plan Commission may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary to promote the public interest, and to secure compliance with the standards and requirements specified in Subsection (g) of this section.
(2)
No alteration of a conditional use shall be permitted unless approved by the Plan Commission, except that the Building Division Director may issue permits for minor alterations or additions which are approved, by the City Planner, and are compatible with the concept approved by the Plan Commission and the standards in Subsection (g) of this section. This subsection shall not apply to additions or alterations to two-family dwellings within an R1 or R2 District if the addition complies with all zoning ordinance standards of the district.
(i)
Revocation and extension. In any case where a conditional use has not been established within one year after the date of issuance of the permit, then without further action by the Plan Commission and without notice to the applicant, the conditional use permit shall become null and void unless substantial building construction has commenced. However, the permit holder may apply to the Plan Commission for an extension of this time requirement. The Plan Commission may, in its discretion, grant, deny, condition or modify such time extension request, but such extension shall not exceed one year. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
(j)
Applicability. For any use in existence at the time of adoption of the ordinance codified in this chapter, which becomes a conditional use because of the adoption of the ordinance codified in this chapter, such use shall be deemed to be a permitted conditional use and shall be granted a conditional use permit by the Plan Commission or, for mobile home courts or travel trailer camps, the City Council. Application for a conditional use permit and a hearing before the Plan Commission for City Council shall not be required for conditional use permits under this subsection and such permit shall be deemed to have been granted upon adoption of the ordinance codified in this chapter.
(k)
Discontinuance of conditional use. In any case where an established conditional use is discontinued for a period of one year, then without further action by the Plan Commission and without notice to the permit holder, the conditional use permit shall become null and void. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
(Code 1976, § 18.24.040)
(a)
Purpose of applicability.
(1)
The purpose of site plan review is to promote the orderly development of the City, the stability of land values and the general welfare by reviewing plans and making recommendations on new uses or changes of use.
(2)
Site plan review shall be required for all new or conditional uses or changes of use applications. However, site plan review shall not be required for new one-family or two-family dwelling units.
(b)
Site Plan Review Coordinator. A Site Plan Review Coordinator shall carry out the duties hereinafter specified. All prior actions taken by, and all references and duties previously assigned to, the Site Plan Review Committee shall be the responsibility of the Site Plan Review Coordinator.
(c)
Referrals for Building Division Director, City Planner, or other Administrative Officials. All applications for building permits and conditional use permits for which site plan review is required shall be referred by the official receiving the same to the Site Plan Review Coordinator for review and recommendation to the applicant, and either to the Building Division Director or to the Plan Commission as this chapter specifies.
(d)
Required information and materials. Sufficient plans, material lists and specifications for all site and exterior building improvements shall be submitted for each application referred to the Site Plan Review Coordinator to evidence compliance with the standards of this chapter. Failure to submit sufficient evidence of compliance may be grounds for denial of plan approval by the Site Plan Review Coordinator. Said plans, material list and specifications shall include, but are not limited to, the following items:
(1)
Site plan drawn to at least a scale of one inch equals 50 feet and indicating clearly and with dimensions, the following information:
a.
All property lines and parcel dimensions;
b.
Existing and proposed buildings and structures: location, size, height and proposed uses;
c.
Walls, fences, plantings, open space, green area: location, height and materials;
d.
Off-street parking: location, number of spaces and dimensions of parking areas, and circulation patterns;
e.
Points of ingress and egress showing widths of planned and existing curb openings at property and curbline;
f.
Off-street loading: location and dimensions and delineating through the use of turning path templates that the proposed loading area is of sufficient size to accommodate the intended vehicles delivering goods to the site;
g.
Location of trash containers: dimensions and type of screening;
h.
Signs: location, type, size, materials and lighting;
i.
Lighting: location, type and hooding devices and a photometric analysis indicating that the proposed illumination levels are consistent with the zoning standards;
j.
Street dedications and improvements, if any;
k.
Grading and drainage;
l.
Any such other data as may be required to permit the Building Division Director or Plan Commission to make their required findings.
m.
For parcels with area included in the Shoreland-Wetland Overlay District as regulated in Article XV of this chapter, the following additional information shall be included:
1.
Location of the ordinary high water mark of any abutting navigable waterways;
2.
Boundaries of all wetlands as determined from Wisconsin Wetlands Inventory Maps;
3.
Existing and proposed topographic and drainage features and vegetative cover;
4.
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps; and
5.
Specifications and dimensions for areas of proposed wetland alteration.
(2)
Architectural drawings or sketches indicating building floor plans and the exterior elevations of the buildings or structures under consideration and the proposed exterior building materials and colors.
(e)
Action by Site Plan Review Coordinator. The Site Plan Review Coordinator shall act on such applications within 15 days of the time such applications are submitted to the responsible official unless a longer time is agreed to by the applicant. The Coordinator shall determine from the reports and data submitted, whether the use and structures will meet the requirements of this chapter and shall, upon making a positive finding, recommend approval to the Building Division Director or Plan Commission. If the Coordinator finds that requirements of this chapter would not be secured, he or she shall recommend disapproval or approval subject to specified conditions to the Building Division Director or Plan Commission. Upon request of the applicant, the Site Plan Review Coordinator shall provide in writing the reasons for disapproval. The Site Plan Review Coordinator shall have authority to make discretionary decisions as specifically provided in this chapter.
(f)
Appeals. If the Site Plan Review Coordinator denies or conditionally approves a site plan and the applicant disagrees with such decision, the applicant may appeal such denial or condition to the Plan Commission. Such an appeal shall be signed and filed in writing with the Planning Division within 30 days following the Site Plan Review Coordinator's determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Site Plan Review Coordinator.
(Code 1976, § 18.24.050; Ord. No. 80-208, § l(part), 1981)
(a)
Purpose. Planned unit developments are permitted in order to encourage and provide a means of effectuating desirable development and to promote improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance to the basic intent of the zoning ordinance and comprehensive plan. It is further intended to encourage more economical and efficient development of land with relationship to public services and to facilitate preservation of open land.
(1)
Residential planned unit development. A residential planned unit development is created to offer:
a.
Recreational opportunities close to home;
b.
A sense of spaciousness through the preservation of natural green spaces to counteract the effects of urban monotony and congestion in the streets;
c.
Cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts;
d.
Compatible architecture between adjoining dwellings or institutional buildings;
e.
Placement of structures in proper relationship to the natural characteristics of the site.
(2)
Business or office/residence planned unit developments. A business or office/residence planned unit development is created to offer:
a.
Adequate off-street parking;
b.
Controlled access points on heavily traveled streets;
c.
Separation of pedestrian and automobile traffic;
d.
Stabilizing of property values;
e.
Centers of size and location compatible with the market potential;
f.
Buffering of adjoining residential areas with landscaped green spaces and encouragement of harmonious architecture between adjoining commercial and office structures and between dwellings and commercial and office structures.
(3)
Industrial planned unit development. An industrial planned unit development is created:
a.
To promote the establishment of industrial parks;
b.
To permit groups of industrial buildings with integrated design and a coordinated physical plan;
c.
To buffer adjoining residential areas with landscaped green areas.
(4)
Traditional neighborhood planned unit development. Pursuant to Wis. Stats. § 66.1027(2) and a document entitled as "A Model Ordinance for Traditional Neighborhood Development," dated December, 2000, and published by the University of Wisconsin Extension, a traditional neighborhood planned unit development is created:
a.
To form and encourage compact, mixed-use neighborhoods;
b.
To include residential, commercial or civic buildings (including parks and open space) in close proximity to each other;
c.
To promote pedestrian scale development;
d.
To provide and encourage multiple modes of circulation, including vehicular, bicycle and pedestrian traffic;
e.
To address environmentally sensitive areas and adapt development to be harmonious with such land.
(b)
Procedure and application.
(1)
Preapplication conference. Each applicant shall first confer with the City Planner and interested department heads in connection with the preparation of the planned unit development application. It shall be the City Planner's responsibility to contact affected department heads for the joint meeting. The applicant shall produce general outlines of the proposal. The City Planner shall assist the applicant prior to preparing the preliminary planned unit development and rezoning application, if necessary.
(2)
Preliminary development plan.
a.
Site plan review. Upon application for approval of the preliminary development plan, the City Planner shall first refer the application to the Site Plan Review Coordinator accompanied by one scaled print of site plans, the preliminary subdivision plat or a certified survey map, and other documents as required in Section 42-273 and in Subsection (b)(2)b of this section. The Site Plan Review Coordinator, shall within 15 days of receipt of such application, make recommendations to the applicant and to the Plan Commission.
b.
Plan Commission review. Upon receiving the recommendation of the Site Plan Review Coordinator, the applicant shall submit five scaled copies and one reproducible reduction of the preliminary development plan and surveys and other documents required by this chapter to the City Plan Commission for its consideration.
1.
Maps required. Any preliminary development plan and text agreement shall be prepared and endorsed by a qualified urban planner, registered professional engineer, or registered architect and shall include required information presented in a general schematic fashion on a topographic map with a scale of at least one inch equals 50 feet.
2.
The map shall include the following:
(i)
Proposed land uses, dwelling densities, population densities, parcel size, building intensities, green area and off-street parking;
(ii)
Proposed circulation patterns indicating both public and private streets, walkways, and curb and gutter;
(iii)
A general landscaping and grading plan;
(iv)
Delineation of the units to be constructed in progression if any;
(v)
Relation to future land uses in surrounding areas and to the land use plan;
(vi)
Evidence that the proposal is in conformance with the general plan of the City;
(vii)
Evidence that existing and proposed utilities are adequate;
(viii)
Evidence that the street patterns are sufficient to support the projected traffic generation for the site and surrounding streets;
(ix)
Proposed zoning districts and legal description for each zoning classification;
(x)
Examples of the architectural styles to be used throughout the development.
c.
Plan Commission approval. The Plan Commission shall, after holding a public hearing in accord with provisions of Section 42-271, map amendments (if necessary), and Section 42-272, conditional uses, either approve, conditionally approve, or reject the preliminary plan application. If rejected, the applicant may request, and the secretary of the Plan Commission shall provide in writing, the reasons for rejection. If the application is approved, the Plan Commission shall make findings that:
1.
The surrounding area can be compatibly planned and zoned;
2.
The PUD is in conformance with the general plan of the City; and
3.
The existing and proposed utilities are adequate.
Approval or conditional approval of the preliminary development plan and map amendment (if necessary) by the Plan Commission shall entitle the applicant to prepare the final development plan in accord with the conditions of approval of the preliminary development plan. Where the Plan Commission has approved a preliminary development plan, such approval shall become null and void if the final development plan has not been submitted within 12 months of the date of the Plan Commission's action. At its discretion, and for good cause, the Plan Commission may extend the approval period no more than six months. If a map amendment is necessary, the City Council must approve the amendment before a final development plan is submitted.
(3)
Final development plan. Upon approval of the preliminary development plan by the Plan Commission, and if necessary, the map amendment by the City Council, the applicant may apply to the Plan Commission for approval of the final development plan by submitting an application for a conditional use permit for a planned unit development accompanied by the required fee and by filing with the City Planner the following items:
a.
Survey required. Six scaled prints and one reproducible reduction of the final plat or certified survey map of the boundary of the planned unit development shall be submitted.
b.
Text agreement. A text agreement shall accompany the final development plans. The agreement shall describe the responsibilities and services of the owner/developer as it relates to maintenance and construction of the planned unit development. Such agreement shall be recorded with the final development plans.
c.
Final development plans. Six scaled prints and one reproducible reduction of the final development and one reproducible reduction of the final development plan and titled on each sheet as such and drawn to a scale of at least one inch equals 50 feet showing:
1.
Existing features map. A map that depicts existing features of the property, including specimen trees, streams, rock formations, structures, streets, easements, sewers, utilities, walkways, and curb and gutter;
2.
Site plan. A map that depicts the location and proposed sites of all structures, roads, parking lots and driveways, loading or service areas, walkways, curb and gutter, and a table giving a breakdown of areas of the site, green area, open space, number of dwelling units, density and a schedule of progression of phased construction;
3.
Landscaping plan. A map showing the proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas, see also Section 42-274(d), environmental design;
4.
Grading plan. A map indicating existing and proposed contours drawn to a two-foot contour interval, see also Section 42-274(d), environmental design;
5.
Utilities plan. A map showing location and size of utility service lines for water, storm, and sanitary sewers, electrical, telephone, and cable television service;
6.
Zoning plan. For planned unit development incorporating modified development standards, multiple-family and/or neighborhood commercial zoning classification, a map showing the multiple-family and/or neighborhood commercial zoning boundaries, and proposed minimum development regulations shall be submitted;
7.
Architectural plan. Illustrations showing the specific architectural styles, including building elevations to be incorporated in the development. The type of materials proposed for each building shall also be provided.
d.
Approval of final development plan. Approval of final development plan and the text agreement shall be by the granting of a conditional use permit by the Plan Commission. If any dedication of land to the public is shown on the certified survey, which is part of the final development plan, such survey must first be approved by the City Council before the Plan Commission may grant the conditional use permit. Before the Plan Commission may grant the conditional use permit for any final plat, such plat must first be approved by the City Council.
e.
Recording of final development plan. The applicant shall record with the Register of Deeds of Rock County, Wisconsin, the certified survey or subdivision plat, deeding to the City those lands and easements shown on the survey or plat, if any; a statement that the land is to be developed as a planned unit development as approved by the Plan Commission of the City; the text agreement required in Section 42-274(b)(3)b; and the final development plan, including all the items required in Section 42-274(b)(3)c.
f.
Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the PUD then without further action the conditional use permit shall become null and void. The permit holder may apply to the Plan Commission for an extension of this time requirement. In its discretion and for good cause, the Plan Commission may extend, for a reasonable time, not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final development plan. The City Council may rezone the property back to its original zoning classification. The zoning regulations applicable before the development was approved shall then be in effect.
g.
Amendments to the final development plan. Minor changes in the location, siting, height of buildings and structures may be authorized by the Site Plan Review Coordinator if required by engineering or other circumstances not foreseen at the time the final development plan was approved. Major changes such as changes of use, increased density, reduction of green area, open space, off-street parking or pavement widths may be authorized by the Plan Commission without an additional public hearing after a report of the planning staff and recommendation by the Site Plan Review Coordinator. Any changes in the final plan which are approved must be recorded as amendments in accordance with the procedures for recording the final development plan.
(c)
Design standards.
(1)
Parcel size. Planned unit developments shall be established on parcels of land which are suitable for and of sufficient size to allow for a mixture of housing types, adequate open spaces, appropriate recreational facilities, separate vehicular facilities, and pedestrian circulation systems. The contiguous land area of each PUD shall be at least two acres in size except that the Plan Commission may, at its discretion, reduce this requirement to one acre. For a traditional neighborhood planned unit development, the minimum area shall be at least 40 acres in size, except that the Plan Commission may at its determination, reduce this requirement to 20 acres if the site is defined by a significant physical feature including, but not limited to a greenbelt, large park space, woodland area, drainage creek, river or state or federal highway.
(2)
Green area.
a.
Green area for residential planned unit developments. The green area requirement for residential planned unit developments shall be the same as that required in the underlying zoning district. Such area shall be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development, but shall not include buildings, public or private streets, off-street parking lots, or drives. However, up to 50 percent of the required green area may be composed of privately owned properties which shall be restricted either on the plat, final development plan, text agreement, or some other appropriate recordable agreement so as to ensure that the green area will be permanent. The requirements of this subsection may be reduced or waived by the Plan Commission for redevelopment programs.
1.
Dimension. Green area must exist in quantities of not less than 6,000 square feet in area nor less than 50 feet in its smallest dimension.
2.
Location. Green area shall be reasonably accessible to all the residents of the planned unit development and shall be distributed equitably throughout the project in relation to the dwelling units of the people they are intended to serve. Large open spaces may be enhanced by walkway systems linking them to one another.
b.
Green area for business, office/residence or industrial planned unit developments.
1.
Area. Not less than 20 percent of the lot area shall be permanently placed in green area. Green area includes landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers (including the pedestrian mall of a shopping center). Such green area shall be permanently set aside, planted and maintained and not encroached upon.
2.
Buffer screen planting. A buffer screen planting shall be provided as required in Section 42-442(a)(9) or 42-443(a)(6), as appropriate.
(3)
Density and uses.
a.
Permitted uses. Any use or conditional use permitted in the underlying zoning district in which the planned unit development is proposed to be located may be permitted within a planned unit development by means of an approved conditional use permit.
b.
Density. Lots within a PUD may be permitted a reduction in size or area to permit the clustering of dwelling units for an even exchange for common open spaces; however, the gross project density shall be no greater than permitted in the underlying zoning district regulations. For the purpose of computing the maximum density for a PUD, the minimum lot size requirements in the underlying zoning district, for the size and type of unit desired, shall be divided into the gross project area.
(4)
Building spacing and yard requirements. There shall be no minimum setback or lot coverage or lot width. Each structure shall be at least 16 feet from any adjoining structure. No building shall be located closer than 25 feet from the boundary of the PUD.
(5)
Design standards for traditional neighborhood planned unit developments. The design standards for traditional neighborhood planned developments shall follow the principles of a document identified as "A Model Ordinance for Traditional Neighborhood Development," dated December 2000, and published by the University of Wisconsin Extension pursuant to Wis. Stats. § 66.1027(2). Said document shall not be the exclusive guide for consultation regarding this type of development. City staff and the Plan Commission may consult other sources of information, including the City's Zoning and Infrastructure Standards for evaluating this type of development.
(d)
Environmental design. The location of trees must be considered when planning the green area, open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grades.
(1)
A general landscaping plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed landscaping plan at the time of submission of the final development plan showing the spacing sizes and specific types of landscaping material and treatment of recreational areas.
(2)
A general grading plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed grading plan at the time of submission of the final development plan showing the earth-moving procedures and other changes to the landscape in order to preserve and prevent despoliation of the character of the area to be retained as green area.
(e)
Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The pedestrian circulation system shall be designed so as to be as completely separate as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.
(f)
Private streets. Standards of design and construction for roadways within the planned unit development may be modified as is deemed appropriate by the Plan Commission after receiving a recommendation by the City Engineer.
(g)
Parking. The provisions of Section 42-360 pertaining to off-street parking shall apply to planned unit developments.
(Code 1976, § 18.24.060)
(a)
The purpose of this section is to guarantee that all residential areas are free from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial, office, and other nonresidential uses. This section also recognizes the need to allow residents of the community an opportunity to use their homes in a limited manner as a place to operate a business which is unobstructive to the neighborhood. In order to ensure that the operations of home occupations do not adversely impact residential areas, criteria and development standards for home occupations have been developed. Home occupations are permitted in any dwelling unit under the following conditions:
(1)
The use is incidental to the principal residential use, the area used to conduct the home occupation does not exceed 25 percent of the gross floor area of such residence, and is conducted within the principal building. Gross floor area includes the basement, and any physically attached garage;
(2)
All business inventory and equipment is kept in the principal building;
(3)
The exterior of the home or yard does not display or indicate any evidence of the home occupation;
(4)
The use produces no noise, odor, vibration or electrical interference;
(5)
The occupants transact no business on the premises which would generate additional traffic or parking problems for the neighborhood;
(6)
Only members of the immediate family residing in the dwelling unit shall be employed on the premises.
(7)
Provided that all conditions of this section are satisfied, permitted home occupations include, but are not necessarily limited to, the following:
a.
Artists and sculptors;
b.
Authors and composers;
c.
Direct sale product distribution (Amway, Avon, Tupperware);
d.
Dressmaking, sewing and tailoring;
e.
Home crafts for sale off-site;
f.
Individual tutoring;
g.
Office facility of a salesman, sales representative, or manufacturer's representative, provided that no transactions are made in person on the premises;
h.
Preserving and home cooking for sales off-site;
i.
Telephone answering and solicitation.
(8)
The following uses shall be prohibited as home occupations:
a.
Ambulance service;
b.
Beauty salons and barbershops;
c.
Carpentry, cabinet makers;
d.
Lawn and landscaping services;
e.
Limousine or taxi services;
f.
Medical or dental offices;
g.
Photographic studios;
h.
Retail sales;
i.
Tow truck services;
j.
Tree services;
k.
Vehicle and motor repair;
l.
Vehicle parts sales, upholstery, or detailing.
(b)
Any use not listed in Subsection (7) or (8) of this section shall require an interpretation from the Planning Director upon consultation with the Building Division Director. The Planning Director shall evaluate requests for home occupations and determine if they are similar in nature to listed permitted home occupations and are consistent with the purpose of the home occupation provisions. The determination shall be in writing. Anyone aggrieved by a decision of the Planning Director may appeal to the Zoning Board of Appeals.
(c)
An application for a home occupation permit shall be filed with the Building Division on a form prescribed by the Building Division Director. No home occupation may be established without first obtaining a home occupation permit and verifying compliance with the conditions specified in this section.
(Code 1976, § 18.24.070)
(a)
Procedures and application.
(1)
Approvals required. No person shall construct, expand, or operate a mobile home court or travel trailer camp within the City unless such person holds a valid license issued annually by the City Clerk. Any person owning or controlling a mobile home court in existence on the effective date of the ordinance codified in this chapter may apply for and receive an annual license for an existing court or camp by complying with Subsection (a)(5) of this section, annual license application. (For the purpose of this section only, where the term "mobile home" is listed, the term "manufactured home" may be substituted.) The City Clerk shall issue an initial license only after the following actions have taken place:
a.
The land has an approved conditional use permit allowing mobile homes and travel trailers pursuant to the procedures of Section 42-272;
b.
The applicant completes the application form and submits it to the City Clerk together with the required license fee;
c.
The City Council approves the license.
(2)
Preliminary plan.
a.
Plan Commission review. The applicant shall apply for preliminary plan approval to the City Planner. Such applicant shall submit six scaled copies and one reproducible reduction of the preliminary plan to the Plan Commission for its consideration. Such preliminary plan shall be drawn on a topographic map with a scale of at least one inch equals 200 feet showing four-foot contours, the area, location and proposed layout of lots, roadways, buffer strips, parking areas, and recreational areas.
b.
Plan Commission approval. Approval by the Plan Commission shall be in concept only. The Plan Commission shall make findings that:
1.
The surrounding area can be compatibly planned and zoned;
2.
The mobile home court or travel trailer camp is in conformance with the general plan of the City;
3.
The existing and proposed utilities are adequate;
4.
Approval by the Plan Commission shall enable the applicant to prepare a final plan. The applicant shall have the option of obtaining from the City Council approval in concept of the preliminary plan after approval is given by the Plan Commission. If no favorable approval is given by the Plan Commission, the applicant may revise the preliminary plan accordingly and resubmit to the Plan Commission. Where the Plan Commission or the City Council has approved a preliminary plan, such approval shall become null and void if the final plan has not been submitted within 12 months of the date of the Plan Commission's or the City Council's action.
(3)
Final plan.
a.
Plan Commission review. Upon approval of the preliminary plan, the applicant may apply to the Plan Commission for approval of the final plan by submitting an application for a conditional use permit for a mobile home court or travel trailer camp accompanied by the required fee and by filing with the City Planner the following items:
1.
Survey required. Six scaled prints and one reproducible reduction of a certified survey map or final subdivision plat of the property showing existing features;
2.
Final plans. Six scaled copies and one reproducible reduction of the final plan titled as such on each sheet, drawn to a scale of at least one inch equals 50 feet and showing:
(i)
Site plan. A complete plan of the court or camp, showing the number, location and dimensions of all mobile home or travel trailer lots, proposed location and width of roadways, walkways, easements, setback lines, recreational areas, vehicular parking areas and service buildings if provided;
(ii)
Existing features. The location of specimen trees, structures, streets, easements, sewers, utilities, walkways and curb and gutter;
(iii)
Landscaping plans. The proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas;
(iv)
Utilities plan. The location and size of utility service lines for water, storm and sanitary sewers, electrical, telephone, fuel and, if provided, cable television service;
(v)
Building and lot plan. Plans and specifications of all buildings and other improvements constructed or to be constructed within the court or camp, including a detailed sketch of a typical mobile home or travel trailer lot.
b.
Plan Commission findings. Upon submission of the final plan to the Plan Commission, the Commission shall hold a public hearing pursuant to requirements in Section 42-272 and, after hearing any interested party, and any staff report, recommendation or information, the Plan Commission shall make a recommendation and report to the City Council concerning such plan. Before the Plan Commission can recommend approval of the plan, the following findings must be made:
1.
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the intended court or camp;
2.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
3.
That adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion in the public street.
c.
City Council approval. After receiving the final plan and recommendation and report from the Plan Commission, the City Council shall hold a public hearing on the conditional use permit and initial license applications. Following the public hearing, the City Council may grant such permit and license.
(4)
Procedure after permit granted. Upon approval of a conditional use permit by the City Council, the applicant shall record with the Register of Deeds for Rock County, Wisconsin, the certified survey map or plat, deeding to the City those lands and easements shown on the survey or plat, a statement that the land is to be developed pursuant to a conditional use permit approved by the City Council of the City, and the approved final plan.
a.
Issuance of initial license. Upon the submission of proof of such recording to the City Clerk, the Clerk shall issue the initial license allowing the applicant to develop the land according to the conditional use permit and recorded plan.
b.
Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the final plan, then without further action by the City Council and without notice to the applicant, the conditional use permit shall become null and void. The permit holder may apply to the City Council for an extension of this time requirement. In its discretion and for good cause, the City Council may extend, for a reasonable time not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final plan. The zoning regulations applicable before the plan was approved shall then be in effect.
(5)
Annual license application. The applicant shall apply annually for license renewal, the annual license shall be subject to the approval of the City Council. The application for each annual license shall be accompanied by a fee.
(6)
Transfer of license. A transfer of license application shall be applied for and may be approved by the City Council in the same manner as an application for a renewal license. The application for such license shall be accompanied by a fee.
(b)
Administration.
(1)
Enforcement. It shall be the responsibility of the Building Division Director to enforce the provisions of this chapter by authorizing and directing inspections to be made of all mobile home courts and travel trailer camps.
(2)
Violations. Whenever the Building Division Director determines violations of pertinent regulations exist, he or she shall notify the licensee or permittee of such alleged violations. Such notice shall:
a.
Be in writing;
b.
Include a statement of the violations enumerated;
c.
Allow a reasonable time for the correction of such violations but not to exceed 90 days.
(3)
Revocation of license. The license for such court or camp is subject to revocation by the City Council as provided in the Wis. Stats. § 66.0435.
(4)
Emergency order. Whenever the Building Division Director finds that an emergency exists which required immediate action to protect the public health, safety or welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the recommendation of the suspension of the license. Such order shall be in writing, shall be notwithstanding any other provisions of this chapter, and shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately or be subject to Subsection (b)(3) of this section, revocation of license.
(5)
Reports required of license holder. It shall be the duty of the license holder to file with the City Clerk a monthly report containing the following information on a form sheet:
a.
Name of mobile home court, name and address of owner, agent or operator.
b.
A tabulation of mobile home court occupancy listing lot designation, and monthly tax.
c.
Within five days of the arrival of each new mobile home occupant, the owner shall submit the form specified by the assessor's office.
d.
Failure to report the information as required above shall be a violation subject to a forfeiture in an amount not to exceed $25.00.
(c)
General provisions.
(1)
Applicability. Every mobile home court and every travel trailer camp built or added to after December l, 1972, shall be governed by the provisions of this chapter. No mobile home court shall be allowed in any zoning district except by conditional use permit. Every mobile home court developed and governed by this chapter shall first have an approved conditional use permit prior to being licensed.
(2)
Classification. Classification shall be of two types:
a.
Mobile home courts;
b.
Travel trailer camps.
(3)
Parking of mobile homes and travel trailers. It is unlawful to permit a mobile home or travel trailer to be located in a court or camp unless it is placed in a designated stand in a licensed court or camp. Only one mobile home or travel trailer shall be placed on a mobile home lot except that an unoccupied travel trailer may be parked behind the setback line of the mobile home owner's yard to the rear of the principal building unless otherwise approved in the final plans.
(4)
Nonresidential uses. No part of any court or camp shall be used for nonresidential purposes, except such uses as are required for the direct servicing and wellbeing of court or camp residents and for the management and maintenance of the court or camp as contained in the plan approved by the City Council.
(5)
Signing. No signs shall be permitted except the following:
a.
One nonflashing identification ground-mounted sign or a wall sign stating only the name of the mobile home court, provided the sign does not project into the public right-of-way;
b.
One ground or on-premises wall sign per street frontage for travel trailer camps;
c.
Any necessary regulatory signs such as street name signs, and entrance and exit signs, etc. Signs and their installation shall comply with all other applicable code and regulations.
(6)
Occupancy restrictions. No mobile home shall be occupied for dwelling purposes unless it is properly placed on a mobile home lot and connected to water, sewerage, electrical and other utilities and complies with all provisions of this chapter.
(d)
Standards.
(1)
Court and camp size.
(2)
Minimum number of lots. There shall be a minimum of 50 mobile home lots completed and ready for occupancy before first occupancy is permitted.
(3)
Length of residential occupancy. No lot shall be rented for residential use of a mobile home in any such mobile home court except for periods of 30 days or more.
(4)
Compliance with Code Standards. No mobile home shall be admitted in any mobile home court unless it can be demonstrated that it meets the requirements of American Standards for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or MHMA (Mobile Home Manufacturers Association) Mobile Home Standards for Plumbing, Heating and Electrical Systems.
(5)
Minimum lot standards.
a.
Minimum setback requirements.
b.
Minimum lot width. Minimum lot width except irregular shaped lots may be approved with lesser frontage where necessary.
1.
Mobile home: 50 feet.
2.
Travel trailer: 30 feet.
c.
Minimum lot area. Minimum lot area: 5,000 square feet.
d.
Lot frontage. Each mobile home and travel trailer lot shall adjoin a roadway within an approved court or camp.
(6)
Parking.
a.
At least two off-street, hard-surfaced parking spaces shall be provided for each mobile home lot. The size of each space must be at least nine feet by 20 feet.
b.
At least one off-street parking space shall be provided on or for each travel trailer lot. The size of each space must be at least nine feet by 20 feet.
c.
Street parking on both sides of private streets shall be permitted only if the roadway is at least 36 feet wide. Street parking shall be permitted on one designated side only if the roadway is at least 30 feet wide.
(7)
Screening. There shall be provided a screening buffer strip at least five feet in width along any boundary of the mobile home court or travel trailer camp which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which at the time of planting shall be of sufficient density to effectively screen the court or camp from view of the adjoining residence district. Such screening shall be at the time of planting a minimum of three feet in height and shall, within a period of four years, attain a height of at least five feet. When such screening is within the required front or corner side setback, the maximum height shall be 30 inches.
(8)
Green area. Not less than ten percent of the total gross court or camp area shall be devoted to recreational facilities and green area. Recreation facilities such as playgrounds, swimming pools or tot lots shall be conveniently located for the residents the court or camp is designed to serve.
(9)
Tenant storage. One storage building accessory to a mobile home shall be permitted on a mobile home lot, provided that the storage building does not exceed 80 square feet and does not exceed eight feet in height. Such storage building shall be fully enclosed and located on the mobile home lot. A storage building may be 81 to 120 square feet, provided the mobile home court owner or management approves and delivers written permission along with a building permit application to the Public Works, Building and Development Services Division. Said accessory building may be no taller than the roof peak height of the mobile home being served or 12 feet, whichever is less. The structure's interior sidewall may not exceed eight feet in height.
(10)
Fuel service. All fuel service shall be placed underground and installed in conformity with all local and state regulations.
(11)
Additions and alterations.
a.
Permit required. A permit issued by the Building Division Director shall be required before any construction on a mobile home lot or any structural addition or alteration to the exterior of a mobile home. No permit is required for addition of steps, awnings, skirting, or tenant storage structures as defined above.
b.
Size of expansion. No addition to a mobile home shall be greater than the area in square feet of the existing mobile home. No addition or alteration to the mobile home shall exceed in height the height of the existing mobile home, and all such alterations or additions shall be factory built.
c.
Conform to setbacks. Any addition to a mobile home shall be deemed a part of the mobile home and shall have the same setbacks as the existing mobile home.
d.
Skirting required. Vented skirting of nonflammable material for mobile homes is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard.
(12)
Utilities. Utilities shall be installed underground and shall meet City ordinances and State of Wisconsin Statutes and codes.
a.
Electrical requirements. Each mobile home and travel trailer lot shall be connected to the court or camp electrical wiring system by underground cable and by approved receptacle, disconnecting means, and over current protective equipment. The minimum service for each mobile home lot shall be 12-240 volts AC, 100 amperes. Adequate lights shall be provided in mobile home courts and travel trailer camps to illuminate public or private streets, driveways, parking areas and walkways, for the safe movement of vehicles and pedestrians at night. Street lights shall be provided at each public or private street intersection, at all dead ends, and at mid-block points not exceeding 300-foot intervals and shall meet the City's minimum lighting level standards for public streets or be as approved by the City Engineer.
b.
Sewer service. All mobile home courts shall be served by public sewer. Each mobile home lot shall be equipped with at least a three-inch sewer connection so located as to provide a suitable connection from the home with a continuous grade, not subject to surface drainage. Travel trailer courts shall provide facilities for the disposal of sanitary wastes as set forth in the State of Wisconsin Administrative Standards.
c.
Water. City water shall be provided by a separate lateral at each mobile home lot. Travel trailers shall be served by the City water system. Provisions shall be made to supply water within 50 feet of each travel trailer lot.
d.
Fire protection. Fire hydrants shall be located within 500 feet of any mobile home or service building.
(13)
Mobile home stand, patio, and tiedowns.
a.
A mobile home stand shall be a continuous four-inch concrete single slab or an approved alternate to support the mobile home.
b.
The mobile home stand shall be provided with six anchors and tiedowns such as cast-in-place concrete dead man eyelets embedded in concrete foundations or arrowhead anchors or other devices securing the mobile home. Anchors and tiedowns shall be placed at least at each corner of the mobile home stand and at the middle of each side, and each side shall be able to sustain a minimum tensile strength of 2,800 pounds.
(14)
Roadways.
a.
All roadways created by a mobile home court shall be hard surfaced according to standards established by the City Engineer.
b.
The minimum pavement width of roadways shall be 30 feet except that a 24-foot pavement width may be permitted, provided space is permanently set aside and shown on the final plan to accommodate the storage of tenants' recreation equipment and vehicles.
c.
The alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to satisfactory control of surface water and groundwater.
d.
The names of roadways within the court shall not duplicate the names of streets within the City or its extraterritorial jurisdiction.
(15)
Lot markers. The limits of each mobile home and travel trailer lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
(16)
Fences and hedges. Fences and hedges may be permitted in a mobile home court or travel trailer camp provided they do not exceed a height of 30 inches in the front or corner side setback areas and six feet in height in all other areas.
(17)
Garbage and rubbish storage areas. Garbage and rubbish shall be stored in flytight, watertight, approved containers stored within a completely enclosed building or may be stored outside, provided such storage area is effectively screened from view.
(18)
Service building required. Service buildings for mobile home lots or travel trailer lots shall be made of permanent construction in accordance with City and state codes.
(Code 1976, § 18.24.080)
State Law reference— Authorizing of city to license and regulate manufactured and mobile home communities, Wis. Stats. § 66.0435.
(a)
Conditional use permit required. A conditional use permit is required prior to the establishment of any migrant labor housing development.
(1)
The conditional use shall be reviewed annually by the Plan Commission for the first two years of operation to ensure that approval conditions are being met and additional conditions are not needed.
(2)
The conditional use is only valid while there is a business or industry within the City of Janesville requiring migrant workers. When the seasonal use is discontinued for a period of three consecutive years, all housing structures and common use facilities shall be removed from the property.
(3)
Violations to approval conditions may result in revocation of the conditional use permit upon a hearing held by the Janesville Plan Commission and such other relief as provided in this Chapter, in law, and/or in equity.
(b)
Seasonal migrant labor housing standards:
(1)
Migrant labor facilities and housing must meet all provisions of Chapter DWD 301, Department of Workforce Development, published under Wis. Stats. § 35.93, as from time to time amended or renumbered.
(2)
The maximum number of inhabitants allowed in the facility and in each room shall be specified and each habitable unit shall be defined. The occupant load shall be posted inside each building.
(3)
Only the first floor can be used as dormitory type of migrant labor housing and dormitory type housing cannot be used for non-migrant workers.
(4)
Basement and second floor rooms or apartments cannot be used for habitation unless specified in the conditional use permit.
(5)
The facility, and each room within it, cannot exceed the number of tenants specified in the conditional use permit. There shall be an inspection of the facilities by City of Janesville inspection staff if there are complaints about the number of individuals in the facility or its rooms.
(c)
Site specifics:
(1)
Seasonal migrant labor housing may only be established on the same or adjacent site and accessory to the industrial use being served.
(2)
Site plan review shall be conducted in accordance with Section 42-273.
(3)
The off-street parking standards described in Section 42-359, as from time to time amended or renumbered, shall be adhered to at all times. The required parking ratio for migrant labor housing is one parking stall per five migrant workers.
(4)
All permanent loading facilities and trash/recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosures. Said wall or fence shall be constructed of the same or complementary materials as the building that it serves. Loading and trash storage area shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for employees using such facilities.
(5)
Each housing structure and common use facility within the migrant labor housing development shall be connected to municipal water and sewer service.
(Ord. No. 2019-769, § IV(18.24.085), 10-14-2019)
(a)
The zoning fees are an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
(b)
Re-inspection fee. A re-inspection fee in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code shall be charged by the City against and paid by the property owner for every violation that is not correct by the re-inspection date. An additional re-inspection fee shall be charged by the City for each subsequent re-inspection per violation until full compliance is achieved.
(c)
Fee schedule review. The fees as listed above shall be reviewed on at least a five-year cycle beginning on January 1, 2007.
(Code 1976, § 18.24.090; Ord. No. 2017-708, § II, 11-27-2017; Ord. No. 2018-741, § III, 11-26-2018)
PROCEDURES
No certificate of occupancy under Chapter 10 shall be issued unless the intended use of the property complies with the applicable provisions of this article.
(Code 1976, § 18.24.010)
(a)
Authority. Wis. Stats. § 62.23(7)(e) is adopted by reference.
(b)
Appeals.
(1)
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer or department of the City affected by any decision of the administrative official. Such appeal shall be taken within 30 days after such order or decision as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2)
Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Division Director certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Division Director, and on due cause shown.
(3)
Notice of hearing. The Zoning Board of Appeals shall fix a reasonable time, but in no case longer than 90 days, for the hearing of the appeal. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official city newspaper. Notice of the time, place and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner, and the owners of record, as listed in the Office of the City Assessor, who are owners of property adjoining the property affected by any appeal. The notice shall be sent at least ten days prior to the date of such public hearing.
(4)
Findings and decision of the Zoning Board of Appeals. The Zoning Board of Appeals shall make findings and shall render a decision on the appeal within a reasonable time, but in no case longer than 90 days. The Board, upon the concurring vote of four members, may reverse wholly or partly, or may modify the order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Building Division Director and may issue or direct the issue of a permit.
(c)
Variances.
(1)
Authority to grant variances. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this article, but such variance must be in harmony with the general purpose and intent of this article and may be granted only when the Board determines that the literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship.
(2)
Application for variance and notice of hearing. An application for a variance shall be filed with the Zoning Board of Appeals. The application shall contain such information as the Zoning Board of Appeals may from time to time by rule provide. After the filing of such application, a public hearing shall be held by the Zoning Board of Appeals on such application. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official City paper. Notice of the time, place, and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner and the owners of record as listed in the Office of the City Assessor who are owners of property adjoining the property affected. Said notice shall be sent at least ten days prior to the date of such public hearing.
(3)
Standards for variance.
a.
The Zoning Board of Appeals may upon appeal in specific cases authorize such variance from the terms of the title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, substantial justice done.
b.
The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to better carry out the general intent of this article.
(4)
Authorized variances. Variances shall be granted by the Zoning Board of Appeals only in accordance with the standards set forth in Subsection (c)(3) of this section and may be granted only in the following instances:
a.
To permit any yard or setback less than the yard or setback required by the applicable regulations;
b.
To permit a use of a lot or lots that is otherwise prohibited solely because of the insufficient area or width of the lot or lots, but only when the respective area and width of the lot or lots is at least as great as required in the zoning district of the same category most immediately less restrictive than the subject district. For this purpose, residence, office/residence, business and industrial are separate categories of districts;
c.
To permit off-street parking and loading standards that are less than required by this article;
d.
To allow an increase of from one to 40 percent in the maximum distance that required parking spaces are permitted to be located from the use served;
e.
To allow the reduction or elimination of area or dimensional requirements and the reduction or elimination of standards.
(Code 1976, § 18.24.020)
(a)
Authority. The regulations, restrictions and boundaries set forth in this article may from time to time be amended, supplemented, or repealed; provided, however, that no such action may be taken until after a public hearing is held by the City Council in the manner set forth in Wis. Stats. § 62.23(7).
(b)
Initiation of amendment. Amendments may be proposed by the City Council, the Plan Commission, the Zoning Board of Appeals, or any interested person or organization.
(c)
Application and hearing on amendment. All applications for an amendment shall be filed with the City Planner, together with the review fee as required in Section 42-277. Such application shall be forwarded to the City Council for its referral to the Plan Commission. The Plan Commission may hold a public hearing at its discretion and shall report its findings and make recommendation to the City Council. The City Council, only after receiving such recommendation from the Plan Commission, shall hold a public hearing on the application. However, if the Plan Commission does not so report and recommend within 60 days of the submission of the application, the City Council may proceed to hold the public hearing and consider the application.
(d)
Notification of a proposed amendment to the zoning district map.
(1)
Notification of a Plan Commission or City Council hearing shall be by written notice and sent to the specified property owners not less than ten days prior to the scheduled date of the public hearing.
(2)
The Planning Division shall be responsible for the notification of all property owners:
a.
Within the boundaries of those lands being considered for any zoning district change;
b.
Within 400 feet of the boundaries of those lands being considered for a zoning change.
(3)
Such notification shall be made by regular mail and shall be addressed by name to the property owners as recorded in the property tax assessment rolls.
a.
The letter of notification of a Plan Commission or City Council public hearing shall include the following:
1.
The date, time and place of the public hearing on the subject rezoning;
2.
The present and the proposed zoning;
3.
A description or address of the property for which the zoning is proposed;
4.
The name and address of the party or parties requesting the proposed zoning, and at their option, a statement as to the intended or planned use of the property;
5.
An invitation to attend the public hearing.
b.
A map of the proposed area to be rezoned shall be included with each notification.
(Code 1976, § 18.24.030)
(a)
Purpose. The development and execution of this article is based upon the division of the City into districts within which the use of land and buildings and the height and location of buildings and structures in relation to the land are substantially compatible. However, there are certain uses that, because of their unique or varying characteristics, cannot be allowed as a permitted use in a particular district without consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use of the particular location.
(b)
Application for conditional use. An application for a conditional use permit shall be filed with the City Planner on a form prescribed by the City Planner, accompanied with the required fee. The application shall be accompanied by such plans and information as are required by the site plan review in Section 42-273(d) and shall include a statement in writing by the applicant and evidence showing that the proposed conditional use shall conform to the standards set forth in Subsection (s) of this section.
(c)
Site plan review. An application for a conditional use permit shall be referred to the Site Plan Review Committee. The Site Plan Review Committee shall within 15 days of such referral make a recommendation to the Plan Commission.
(d)
Hearing on application. Upon receipt of the application and other material referred to in Subsection (b) of this section, the Plan Commission shall hold a public hearing on the application for a conditional use at such time and place as shall be established by such commission.
(e)
Notice of hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within 400 feet of the subject site, said notice to be sent by regular mail at least ten days prior to the date of such public hearing.
(f)
Plan Commission Review. The Plan Commission, after a public hearing, shall, within a reasonable time, not to exceed 90 days, grant or deny any application for a conditional use. Failure to act shall constitute denial of the request. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(g)
Standards. No application for a conditional use shall be granted unless the Plan Commission finds:
(1)
That a recommendation has been made by the Site Plan Review Committee;
(2)
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use;
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4)
That adequate utilities, access roads and drainage have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the streets;
(6)
That the site for the proposed use is adequate in size and shape to accommodate the use;
(7)
That the conditional use shall conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Plan Commission;
(8)
That any large-scale development complies with the standards of Article XI of this chapter.
(h)
Conditions. The following conditions shall apply to all conditional uses:
(1)
Prior to the granting of any conditional use, the Plan Commission may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary to promote the public interest, and to secure compliance with the standards and requirements specified in Subsection (g) of this section.
(2)
No alteration of a conditional use shall be permitted unless approved by the Plan Commission, except that the Building Division Director may issue permits for minor alterations or additions which are approved, by the City Planner, and are compatible with the concept approved by the Plan Commission and the standards in Subsection (g) of this section. This subsection shall not apply to additions or alterations to two-family dwellings within an R1 or R2 District if the addition complies with all zoning ordinance standards of the district.
(i)
Revocation and extension. In any case where a conditional use has not been established within one year after the date of issuance of the permit, then without further action by the Plan Commission and without notice to the applicant, the conditional use permit shall become null and void unless substantial building construction has commenced. However, the permit holder may apply to the Plan Commission for an extension of this time requirement. The Plan Commission may, in its discretion, grant, deny, condition or modify such time extension request, but such extension shall not exceed one year. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
(j)
Applicability. For any use in existence at the time of adoption of the ordinance codified in this chapter, which becomes a conditional use because of the adoption of the ordinance codified in this chapter, such use shall be deemed to be a permitted conditional use and shall be granted a conditional use permit by the Plan Commission or, for mobile home courts or travel trailer camps, the City Council. Application for a conditional use permit and a hearing before the Plan Commission for City Council shall not be required for conditional use permits under this subsection and such permit shall be deemed to have been granted upon adoption of the ordinance codified in this chapter.
(k)
Discontinuance of conditional use. In any case where an established conditional use is discontinued for a period of one year, then without further action by the Plan Commission and without notice to the permit holder, the conditional use permit shall become null and void. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
(Code 1976, § 18.24.040)
(a)
Purpose of applicability.
(1)
The purpose of site plan review is to promote the orderly development of the City, the stability of land values and the general welfare by reviewing plans and making recommendations on new uses or changes of use.
(2)
Site plan review shall be required for all new or conditional uses or changes of use applications. However, site plan review shall not be required for new one-family or two-family dwelling units.
(b)
Site Plan Review Coordinator. A Site Plan Review Coordinator shall carry out the duties hereinafter specified. All prior actions taken by, and all references and duties previously assigned to, the Site Plan Review Committee shall be the responsibility of the Site Plan Review Coordinator.
(c)
Referrals for Building Division Director, City Planner, or other Administrative Officials. All applications for building permits and conditional use permits for which site plan review is required shall be referred by the official receiving the same to the Site Plan Review Coordinator for review and recommendation to the applicant, and either to the Building Division Director or to the Plan Commission as this chapter specifies.
(d)
Required information and materials. Sufficient plans, material lists and specifications for all site and exterior building improvements shall be submitted for each application referred to the Site Plan Review Coordinator to evidence compliance with the standards of this chapter. Failure to submit sufficient evidence of compliance may be grounds for denial of plan approval by the Site Plan Review Coordinator. Said plans, material list and specifications shall include, but are not limited to, the following items:
(1)
Site plan drawn to at least a scale of one inch equals 50 feet and indicating clearly and with dimensions, the following information:
a.
All property lines and parcel dimensions;
b.
Existing and proposed buildings and structures: location, size, height and proposed uses;
c.
Walls, fences, plantings, open space, green area: location, height and materials;
d.
Off-street parking: location, number of spaces and dimensions of parking areas, and circulation patterns;
e.
Points of ingress and egress showing widths of planned and existing curb openings at property and curbline;
f.
Off-street loading: location and dimensions and delineating through the use of turning path templates that the proposed loading area is of sufficient size to accommodate the intended vehicles delivering goods to the site;
g.
Location of trash containers: dimensions and type of screening;
h.
Signs: location, type, size, materials and lighting;
i.
Lighting: location, type and hooding devices and a photometric analysis indicating that the proposed illumination levels are consistent with the zoning standards;
j.
Street dedications and improvements, if any;
k.
Grading and drainage;
l.
Any such other data as may be required to permit the Building Division Director or Plan Commission to make their required findings.
m.
For parcels with area included in the Shoreland-Wetland Overlay District as regulated in Article XV of this chapter, the following additional information shall be included:
1.
Location of the ordinary high water mark of any abutting navigable waterways;
2.
Boundaries of all wetlands as determined from Wisconsin Wetlands Inventory Maps;
3.
Existing and proposed topographic and drainage features and vegetative cover;
4.
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps; and
5.
Specifications and dimensions for areas of proposed wetland alteration.
(2)
Architectural drawings or sketches indicating building floor plans and the exterior elevations of the buildings or structures under consideration and the proposed exterior building materials and colors.
(e)
Action by Site Plan Review Coordinator. The Site Plan Review Coordinator shall act on such applications within 15 days of the time such applications are submitted to the responsible official unless a longer time is agreed to by the applicant. The Coordinator shall determine from the reports and data submitted, whether the use and structures will meet the requirements of this chapter and shall, upon making a positive finding, recommend approval to the Building Division Director or Plan Commission. If the Coordinator finds that requirements of this chapter would not be secured, he or she shall recommend disapproval or approval subject to specified conditions to the Building Division Director or Plan Commission. Upon request of the applicant, the Site Plan Review Coordinator shall provide in writing the reasons for disapproval. The Site Plan Review Coordinator shall have authority to make discretionary decisions as specifically provided in this chapter.
(f)
Appeals. If the Site Plan Review Coordinator denies or conditionally approves a site plan and the applicant disagrees with such decision, the applicant may appeal such denial or condition to the Plan Commission. Such an appeal shall be signed and filed in writing with the Planning Division within 30 days following the Site Plan Review Coordinator's determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Site Plan Review Coordinator.
(Code 1976, § 18.24.050; Ord. No. 80-208, § l(part), 1981)
(a)
Purpose. Planned unit developments are permitted in order to encourage and provide a means of effectuating desirable development and to promote improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance to the basic intent of the zoning ordinance and comprehensive plan. It is further intended to encourage more economical and efficient development of land with relationship to public services and to facilitate preservation of open land.
(1)
Residential planned unit development. A residential planned unit development is created to offer:
a.
Recreational opportunities close to home;
b.
A sense of spaciousness through the preservation of natural green spaces to counteract the effects of urban monotony and congestion in the streets;
c.
Cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts;
d.
Compatible architecture between adjoining dwellings or institutional buildings;
e.
Placement of structures in proper relationship to the natural characteristics of the site.
(2)
Business or office/residence planned unit developments. A business or office/residence planned unit development is created to offer:
a.
Adequate off-street parking;
b.
Controlled access points on heavily traveled streets;
c.
Separation of pedestrian and automobile traffic;
d.
Stabilizing of property values;
e.
Centers of size and location compatible with the market potential;
f.
Buffering of adjoining residential areas with landscaped green spaces and encouragement of harmonious architecture between adjoining commercial and office structures and between dwellings and commercial and office structures.
(3)
Industrial planned unit development. An industrial planned unit development is created:
a.
To promote the establishment of industrial parks;
b.
To permit groups of industrial buildings with integrated design and a coordinated physical plan;
c.
To buffer adjoining residential areas with landscaped green areas.
(4)
Traditional neighborhood planned unit development. Pursuant to Wis. Stats. § 66.1027(2) and a document entitled as "A Model Ordinance for Traditional Neighborhood Development," dated December, 2000, and published by the University of Wisconsin Extension, a traditional neighborhood planned unit development is created:
a.
To form and encourage compact, mixed-use neighborhoods;
b.
To include residential, commercial or civic buildings (including parks and open space) in close proximity to each other;
c.
To promote pedestrian scale development;
d.
To provide and encourage multiple modes of circulation, including vehicular, bicycle and pedestrian traffic;
e.
To address environmentally sensitive areas and adapt development to be harmonious with such land.
(b)
Procedure and application.
(1)
Preapplication conference. Each applicant shall first confer with the City Planner and interested department heads in connection with the preparation of the planned unit development application. It shall be the City Planner's responsibility to contact affected department heads for the joint meeting. The applicant shall produce general outlines of the proposal. The City Planner shall assist the applicant prior to preparing the preliminary planned unit development and rezoning application, if necessary.
(2)
Preliminary development plan.
a.
Site plan review. Upon application for approval of the preliminary development plan, the City Planner shall first refer the application to the Site Plan Review Coordinator accompanied by one scaled print of site plans, the preliminary subdivision plat or a certified survey map, and other documents as required in Section 42-273 and in Subsection (b)(2)b of this section. The Site Plan Review Coordinator, shall within 15 days of receipt of such application, make recommendations to the applicant and to the Plan Commission.
b.
Plan Commission review. Upon receiving the recommendation of the Site Plan Review Coordinator, the applicant shall submit five scaled copies and one reproducible reduction of the preliminary development plan and surveys and other documents required by this chapter to the City Plan Commission for its consideration.
1.
Maps required. Any preliminary development plan and text agreement shall be prepared and endorsed by a qualified urban planner, registered professional engineer, or registered architect and shall include required information presented in a general schematic fashion on a topographic map with a scale of at least one inch equals 50 feet.
2.
The map shall include the following:
(i)
Proposed land uses, dwelling densities, population densities, parcel size, building intensities, green area and off-street parking;
(ii)
Proposed circulation patterns indicating both public and private streets, walkways, and curb and gutter;
(iii)
A general landscaping and grading plan;
(iv)
Delineation of the units to be constructed in progression if any;
(v)
Relation to future land uses in surrounding areas and to the land use plan;
(vi)
Evidence that the proposal is in conformance with the general plan of the City;
(vii)
Evidence that existing and proposed utilities are adequate;
(viii)
Evidence that the street patterns are sufficient to support the projected traffic generation for the site and surrounding streets;
(ix)
Proposed zoning districts and legal description for each zoning classification;
(x)
Examples of the architectural styles to be used throughout the development.
c.
Plan Commission approval. The Plan Commission shall, after holding a public hearing in accord with provisions of Section 42-271, map amendments (if necessary), and Section 42-272, conditional uses, either approve, conditionally approve, or reject the preliminary plan application. If rejected, the applicant may request, and the secretary of the Plan Commission shall provide in writing, the reasons for rejection. If the application is approved, the Plan Commission shall make findings that:
1.
The surrounding area can be compatibly planned and zoned;
2.
The PUD is in conformance with the general plan of the City; and
3.
The existing and proposed utilities are adequate.
Approval or conditional approval of the preliminary development plan and map amendment (if necessary) by the Plan Commission shall entitle the applicant to prepare the final development plan in accord with the conditions of approval of the preliminary development plan. Where the Plan Commission has approved a preliminary development plan, such approval shall become null and void if the final development plan has not been submitted within 12 months of the date of the Plan Commission's action. At its discretion, and for good cause, the Plan Commission may extend the approval period no more than six months. If a map amendment is necessary, the City Council must approve the amendment before a final development plan is submitted.
(3)
Final development plan. Upon approval of the preliminary development plan by the Plan Commission, and if necessary, the map amendment by the City Council, the applicant may apply to the Plan Commission for approval of the final development plan by submitting an application for a conditional use permit for a planned unit development accompanied by the required fee and by filing with the City Planner the following items:
a.
Survey required. Six scaled prints and one reproducible reduction of the final plat or certified survey map of the boundary of the planned unit development shall be submitted.
b.
Text agreement. A text agreement shall accompany the final development plans. The agreement shall describe the responsibilities and services of the owner/developer as it relates to maintenance and construction of the planned unit development. Such agreement shall be recorded with the final development plans.
c.
Final development plans. Six scaled prints and one reproducible reduction of the final development and one reproducible reduction of the final development plan and titled on each sheet as such and drawn to a scale of at least one inch equals 50 feet showing:
1.
Existing features map. A map that depicts existing features of the property, including specimen trees, streams, rock formations, structures, streets, easements, sewers, utilities, walkways, and curb and gutter;
2.
Site plan. A map that depicts the location and proposed sites of all structures, roads, parking lots and driveways, loading or service areas, walkways, curb and gutter, and a table giving a breakdown of areas of the site, green area, open space, number of dwelling units, density and a schedule of progression of phased construction;
3.
Landscaping plan. A map showing the proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas, see also Section 42-274(d), environmental design;
4.
Grading plan. A map indicating existing and proposed contours drawn to a two-foot contour interval, see also Section 42-274(d), environmental design;
5.
Utilities plan. A map showing location and size of utility service lines for water, storm, and sanitary sewers, electrical, telephone, and cable television service;
6.
Zoning plan. For planned unit development incorporating modified development standards, multiple-family and/or neighborhood commercial zoning classification, a map showing the multiple-family and/or neighborhood commercial zoning boundaries, and proposed minimum development regulations shall be submitted;
7.
Architectural plan. Illustrations showing the specific architectural styles, including building elevations to be incorporated in the development. The type of materials proposed for each building shall also be provided.
d.
Approval of final development plan. Approval of final development plan and the text agreement shall be by the granting of a conditional use permit by the Plan Commission. If any dedication of land to the public is shown on the certified survey, which is part of the final development plan, such survey must first be approved by the City Council before the Plan Commission may grant the conditional use permit. Before the Plan Commission may grant the conditional use permit for any final plat, such plat must first be approved by the City Council.
e.
Recording of final development plan. The applicant shall record with the Register of Deeds of Rock County, Wisconsin, the certified survey or subdivision plat, deeding to the City those lands and easements shown on the survey or plat, if any; a statement that the land is to be developed as a planned unit development as approved by the Plan Commission of the City; the text agreement required in Section 42-274(b)(3)b; and the final development plan, including all the items required in Section 42-274(b)(3)c.
f.
Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the PUD then without further action the conditional use permit shall become null and void. The permit holder may apply to the Plan Commission for an extension of this time requirement. In its discretion and for good cause, the Plan Commission may extend, for a reasonable time, not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final development plan. The City Council may rezone the property back to its original zoning classification. The zoning regulations applicable before the development was approved shall then be in effect.
g.
Amendments to the final development plan. Minor changes in the location, siting, height of buildings and structures may be authorized by the Site Plan Review Coordinator if required by engineering or other circumstances not foreseen at the time the final development plan was approved. Major changes such as changes of use, increased density, reduction of green area, open space, off-street parking or pavement widths may be authorized by the Plan Commission without an additional public hearing after a report of the planning staff and recommendation by the Site Plan Review Coordinator. Any changes in the final plan which are approved must be recorded as amendments in accordance with the procedures for recording the final development plan.
(c)
Design standards.
(1)
Parcel size. Planned unit developments shall be established on parcels of land which are suitable for and of sufficient size to allow for a mixture of housing types, adequate open spaces, appropriate recreational facilities, separate vehicular facilities, and pedestrian circulation systems. The contiguous land area of each PUD shall be at least two acres in size except that the Plan Commission may, at its discretion, reduce this requirement to one acre. For a traditional neighborhood planned unit development, the minimum area shall be at least 40 acres in size, except that the Plan Commission may at its determination, reduce this requirement to 20 acres if the site is defined by a significant physical feature including, but not limited to a greenbelt, large park space, woodland area, drainage creek, river or state or federal highway.
(2)
Green area.
a.
Green area for residential planned unit developments. The green area requirement for residential planned unit developments shall be the same as that required in the underlying zoning district. Such area shall be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development, but shall not include buildings, public or private streets, off-street parking lots, or drives. However, up to 50 percent of the required green area may be composed of privately owned properties which shall be restricted either on the plat, final development plan, text agreement, or some other appropriate recordable agreement so as to ensure that the green area will be permanent. The requirements of this subsection may be reduced or waived by the Plan Commission for redevelopment programs.
1.
Dimension. Green area must exist in quantities of not less than 6,000 square feet in area nor less than 50 feet in its smallest dimension.
2.
Location. Green area shall be reasonably accessible to all the residents of the planned unit development and shall be distributed equitably throughout the project in relation to the dwelling units of the people they are intended to serve. Large open spaces may be enhanced by walkway systems linking them to one another.
b.
Green area for business, office/residence or industrial planned unit developments.
1.
Area. Not less than 20 percent of the lot area shall be permanently placed in green area. Green area includes landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers (including the pedestrian mall of a shopping center). Such green area shall be permanently set aside, planted and maintained and not encroached upon.
2.
Buffer screen planting. A buffer screen planting shall be provided as required in Section 42-442(a)(9) or 42-443(a)(6), as appropriate.
(3)
Density and uses.
a.
Permitted uses. Any use or conditional use permitted in the underlying zoning district in which the planned unit development is proposed to be located may be permitted within a planned unit development by means of an approved conditional use permit.
b.
Density. Lots within a PUD may be permitted a reduction in size or area to permit the clustering of dwelling units for an even exchange for common open spaces; however, the gross project density shall be no greater than permitted in the underlying zoning district regulations. For the purpose of computing the maximum density for a PUD, the minimum lot size requirements in the underlying zoning district, for the size and type of unit desired, shall be divided into the gross project area.
(4)
Building spacing and yard requirements. There shall be no minimum setback or lot coverage or lot width. Each structure shall be at least 16 feet from any adjoining structure. No building shall be located closer than 25 feet from the boundary of the PUD.
(5)
Design standards for traditional neighborhood planned unit developments. The design standards for traditional neighborhood planned developments shall follow the principles of a document identified as "A Model Ordinance for Traditional Neighborhood Development," dated December 2000, and published by the University of Wisconsin Extension pursuant to Wis. Stats. § 66.1027(2). Said document shall not be the exclusive guide for consultation regarding this type of development. City staff and the Plan Commission may consult other sources of information, including the City's Zoning and Infrastructure Standards for evaluating this type of development.
(d)
Environmental design. The location of trees must be considered when planning the green area, open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grades.
(1)
A general landscaping plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed landscaping plan at the time of submission of the final development plan showing the spacing sizes and specific types of landscaping material and treatment of recreational areas.
(2)
A general grading plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed grading plan at the time of submission of the final development plan showing the earth-moving procedures and other changes to the landscape in order to preserve and prevent despoliation of the character of the area to be retained as green area.
(e)
Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The pedestrian circulation system shall be designed so as to be as completely separate as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.
(f)
Private streets. Standards of design and construction for roadways within the planned unit development may be modified as is deemed appropriate by the Plan Commission after receiving a recommendation by the City Engineer.
(g)
Parking. The provisions of Section 42-360 pertaining to off-street parking shall apply to planned unit developments.
(Code 1976, § 18.24.060)
(a)
The purpose of this section is to guarantee that all residential areas are free from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial, office, and other nonresidential uses. This section also recognizes the need to allow residents of the community an opportunity to use their homes in a limited manner as a place to operate a business which is unobstructive to the neighborhood. In order to ensure that the operations of home occupations do not adversely impact residential areas, criteria and development standards for home occupations have been developed. Home occupations are permitted in any dwelling unit under the following conditions:
(1)
The use is incidental to the principal residential use, the area used to conduct the home occupation does not exceed 25 percent of the gross floor area of such residence, and is conducted within the principal building. Gross floor area includes the basement, and any physically attached garage;
(2)
All business inventory and equipment is kept in the principal building;
(3)
The exterior of the home or yard does not display or indicate any evidence of the home occupation;
(4)
The use produces no noise, odor, vibration or electrical interference;
(5)
The occupants transact no business on the premises which would generate additional traffic or parking problems for the neighborhood;
(6)
Only members of the immediate family residing in the dwelling unit shall be employed on the premises.
(7)
Provided that all conditions of this section are satisfied, permitted home occupations include, but are not necessarily limited to, the following:
a.
Artists and sculptors;
b.
Authors and composers;
c.
Direct sale product distribution (Amway, Avon, Tupperware);
d.
Dressmaking, sewing and tailoring;
e.
Home crafts for sale off-site;
f.
Individual tutoring;
g.
Office facility of a salesman, sales representative, or manufacturer's representative, provided that no transactions are made in person on the premises;
h.
Preserving and home cooking for sales off-site;
i.
Telephone answering and solicitation.
(8)
The following uses shall be prohibited as home occupations:
a.
Ambulance service;
b.
Beauty salons and barbershops;
c.
Carpentry, cabinet makers;
d.
Lawn and landscaping services;
e.
Limousine or taxi services;
f.
Medical or dental offices;
g.
Photographic studios;
h.
Retail sales;
i.
Tow truck services;
j.
Tree services;
k.
Vehicle and motor repair;
l.
Vehicle parts sales, upholstery, or detailing.
(b)
Any use not listed in Subsection (7) or (8) of this section shall require an interpretation from the Planning Director upon consultation with the Building Division Director. The Planning Director shall evaluate requests for home occupations and determine if they are similar in nature to listed permitted home occupations and are consistent with the purpose of the home occupation provisions. The determination shall be in writing. Anyone aggrieved by a decision of the Planning Director may appeal to the Zoning Board of Appeals.
(c)
An application for a home occupation permit shall be filed with the Building Division on a form prescribed by the Building Division Director. No home occupation may be established without first obtaining a home occupation permit and verifying compliance with the conditions specified in this section.
(Code 1976, § 18.24.070)
(a)
Procedures and application.
(1)
Approvals required. No person shall construct, expand, or operate a mobile home court or travel trailer camp within the City unless such person holds a valid license issued annually by the City Clerk. Any person owning or controlling a mobile home court in existence on the effective date of the ordinance codified in this chapter may apply for and receive an annual license for an existing court or camp by complying with Subsection (a)(5) of this section, annual license application. (For the purpose of this section only, where the term "mobile home" is listed, the term "manufactured home" may be substituted.) The City Clerk shall issue an initial license only after the following actions have taken place:
a.
The land has an approved conditional use permit allowing mobile homes and travel trailers pursuant to the procedures of Section 42-272;
b.
The applicant completes the application form and submits it to the City Clerk together with the required license fee;
c.
The City Council approves the license.
(2)
Preliminary plan.
a.
Plan Commission review. The applicant shall apply for preliminary plan approval to the City Planner. Such applicant shall submit six scaled copies and one reproducible reduction of the preliminary plan to the Plan Commission for its consideration. Such preliminary plan shall be drawn on a topographic map with a scale of at least one inch equals 200 feet showing four-foot contours, the area, location and proposed layout of lots, roadways, buffer strips, parking areas, and recreational areas.
b.
Plan Commission approval. Approval by the Plan Commission shall be in concept only. The Plan Commission shall make findings that:
1.
The surrounding area can be compatibly planned and zoned;
2.
The mobile home court or travel trailer camp is in conformance with the general plan of the City;
3.
The existing and proposed utilities are adequate;
4.
Approval by the Plan Commission shall enable the applicant to prepare a final plan. The applicant shall have the option of obtaining from the City Council approval in concept of the preliminary plan after approval is given by the Plan Commission. If no favorable approval is given by the Plan Commission, the applicant may revise the preliminary plan accordingly and resubmit to the Plan Commission. Where the Plan Commission or the City Council has approved a preliminary plan, such approval shall become null and void if the final plan has not been submitted within 12 months of the date of the Plan Commission's or the City Council's action.
(3)
Final plan.
a.
Plan Commission review. Upon approval of the preliminary plan, the applicant may apply to the Plan Commission for approval of the final plan by submitting an application for a conditional use permit for a mobile home court or travel trailer camp accompanied by the required fee and by filing with the City Planner the following items:
1.
Survey required. Six scaled prints and one reproducible reduction of a certified survey map or final subdivision plat of the property showing existing features;
2.
Final plans. Six scaled copies and one reproducible reduction of the final plan titled as such on each sheet, drawn to a scale of at least one inch equals 50 feet and showing:
(i)
Site plan. A complete plan of the court or camp, showing the number, location and dimensions of all mobile home or travel trailer lots, proposed location and width of roadways, walkways, easements, setback lines, recreational areas, vehicular parking areas and service buildings if provided;
(ii)
Existing features. The location of specimen trees, structures, streets, easements, sewers, utilities, walkways and curb and gutter;
(iii)
Landscaping plans. The proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas;
(iv)
Utilities plan. The location and size of utility service lines for water, storm and sanitary sewers, electrical, telephone, fuel and, if provided, cable television service;
(v)
Building and lot plan. Plans and specifications of all buildings and other improvements constructed or to be constructed within the court or camp, including a detailed sketch of a typical mobile home or travel trailer lot.
b.
Plan Commission findings. Upon submission of the final plan to the Plan Commission, the Commission shall hold a public hearing pursuant to requirements in Section 42-272 and, after hearing any interested party, and any staff report, recommendation or information, the Plan Commission shall make a recommendation and report to the City Council concerning such plan. Before the Plan Commission can recommend approval of the plan, the following findings must be made:
1.
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the intended court or camp;
2.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
3.
That adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion in the public street.
c.
City Council approval. After receiving the final plan and recommendation and report from the Plan Commission, the City Council shall hold a public hearing on the conditional use permit and initial license applications. Following the public hearing, the City Council may grant such permit and license.
(4)
Procedure after permit granted. Upon approval of a conditional use permit by the City Council, the applicant shall record with the Register of Deeds for Rock County, Wisconsin, the certified survey map or plat, deeding to the City those lands and easements shown on the survey or plat, a statement that the land is to be developed pursuant to a conditional use permit approved by the City Council of the City, and the approved final plan.
a.
Issuance of initial license. Upon the submission of proof of such recording to the City Clerk, the Clerk shall issue the initial license allowing the applicant to develop the land according to the conditional use permit and recorded plan.
b.
Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the final plan, then without further action by the City Council and without notice to the applicant, the conditional use permit shall become null and void. The permit holder may apply to the City Council for an extension of this time requirement. In its discretion and for good cause, the City Council may extend, for a reasonable time not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final plan. The zoning regulations applicable before the plan was approved shall then be in effect.
(5)
Annual license application. The applicant shall apply annually for license renewal, the annual license shall be subject to the approval of the City Council. The application for each annual license shall be accompanied by a fee.
(6)
Transfer of license. A transfer of license application shall be applied for and may be approved by the City Council in the same manner as an application for a renewal license. The application for such license shall be accompanied by a fee.
(b)
Administration.
(1)
Enforcement. It shall be the responsibility of the Building Division Director to enforce the provisions of this chapter by authorizing and directing inspections to be made of all mobile home courts and travel trailer camps.
(2)
Violations. Whenever the Building Division Director determines violations of pertinent regulations exist, he or she shall notify the licensee or permittee of such alleged violations. Such notice shall:
a.
Be in writing;
b.
Include a statement of the violations enumerated;
c.
Allow a reasonable time for the correction of such violations but not to exceed 90 days.
(3)
Revocation of license. The license for such court or camp is subject to revocation by the City Council as provided in the Wis. Stats. § 66.0435.
(4)
Emergency order. Whenever the Building Division Director finds that an emergency exists which required immediate action to protect the public health, safety or welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the recommendation of the suspension of the license. Such order shall be in writing, shall be notwithstanding any other provisions of this chapter, and shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately or be subject to Subsection (b)(3) of this section, revocation of license.
(5)
Reports required of license holder. It shall be the duty of the license holder to file with the City Clerk a monthly report containing the following information on a form sheet:
a.
Name of mobile home court, name and address of owner, agent or operator.
b.
A tabulation of mobile home court occupancy listing lot designation, and monthly tax.
c.
Within five days of the arrival of each new mobile home occupant, the owner shall submit the form specified by the assessor's office.
d.
Failure to report the information as required above shall be a violation subject to a forfeiture in an amount not to exceed $25.00.
(c)
General provisions.
(1)
Applicability. Every mobile home court and every travel trailer camp built or added to after December l, 1972, shall be governed by the provisions of this chapter. No mobile home court shall be allowed in any zoning district except by conditional use permit. Every mobile home court developed and governed by this chapter shall first have an approved conditional use permit prior to being licensed.
(2)
Classification. Classification shall be of two types:
a.
Mobile home courts;
b.
Travel trailer camps.
(3)
Parking of mobile homes and travel trailers. It is unlawful to permit a mobile home or travel trailer to be located in a court or camp unless it is placed in a designated stand in a licensed court or camp. Only one mobile home or travel trailer shall be placed on a mobile home lot except that an unoccupied travel trailer may be parked behind the setback line of the mobile home owner's yard to the rear of the principal building unless otherwise approved in the final plans.
(4)
Nonresidential uses. No part of any court or camp shall be used for nonresidential purposes, except such uses as are required for the direct servicing and wellbeing of court or camp residents and for the management and maintenance of the court or camp as contained in the plan approved by the City Council.
(5)
Signing. No signs shall be permitted except the following:
a.
One nonflashing identification ground-mounted sign or a wall sign stating only the name of the mobile home court, provided the sign does not project into the public right-of-way;
b.
One ground or on-premises wall sign per street frontage for travel trailer camps;
c.
Any necessary regulatory signs such as street name signs, and entrance and exit signs, etc. Signs and their installation shall comply with all other applicable code and regulations.
(6)
Occupancy restrictions. No mobile home shall be occupied for dwelling purposes unless it is properly placed on a mobile home lot and connected to water, sewerage, electrical and other utilities and complies with all provisions of this chapter.
(d)
Standards.
(1)
Court and camp size.
(2)
Minimum number of lots. There shall be a minimum of 50 mobile home lots completed and ready for occupancy before first occupancy is permitted.
(3)
Length of residential occupancy. No lot shall be rented for residential use of a mobile home in any such mobile home court except for periods of 30 days or more.
(4)
Compliance with Code Standards. No mobile home shall be admitted in any mobile home court unless it can be demonstrated that it meets the requirements of American Standards for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or MHMA (Mobile Home Manufacturers Association) Mobile Home Standards for Plumbing, Heating and Electrical Systems.
(5)
Minimum lot standards.
a.
Minimum setback requirements.
b.
Minimum lot width. Minimum lot width except irregular shaped lots may be approved with lesser frontage where necessary.
1.
Mobile home: 50 feet.
2.
Travel trailer: 30 feet.
c.
Minimum lot area. Minimum lot area: 5,000 square feet.
d.
Lot frontage. Each mobile home and travel trailer lot shall adjoin a roadway within an approved court or camp.
(6)
Parking.
a.
At least two off-street, hard-surfaced parking spaces shall be provided for each mobile home lot. The size of each space must be at least nine feet by 20 feet.
b.
At least one off-street parking space shall be provided on or for each travel trailer lot. The size of each space must be at least nine feet by 20 feet.
c.
Street parking on both sides of private streets shall be permitted only if the roadway is at least 36 feet wide. Street parking shall be permitted on one designated side only if the roadway is at least 30 feet wide.
(7)
Screening. There shall be provided a screening buffer strip at least five feet in width along any boundary of the mobile home court or travel trailer camp which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which at the time of planting shall be of sufficient density to effectively screen the court or camp from view of the adjoining residence district. Such screening shall be at the time of planting a minimum of three feet in height and shall, within a period of four years, attain a height of at least five feet. When such screening is within the required front or corner side setback, the maximum height shall be 30 inches.
(8)
Green area. Not less than ten percent of the total gross court or camp area shall be devoted to recreational facilities and green area. Recreation facilities such as playgrounds, swimming pools or tot lots shall be conveniently located for the residents the court or camp is designed to serve.
(9)
Tenant storage. One storage building accessory to a mobile home shall be permitted on a mobile home lot, provided that the storage building does not exceed 80 square feet and does not exceed eight feet in height. Such storage building shall be fully enclosed and located on the mobile home lot. A storage building may be 81 to 120 square feet, provided the mobile home court owner or management approves and delivers written permission along with a building permit application to the Public Works, Building and Development Services Division. Said accessory building may be no taller than the roof peak height of the mobile home being served or 12 feet, whichever is less. The structure's interior sidewall may not exceed eight feet in height.
(10)
Fuel service. All fuel service shall be placed underground and installed in conformity with all local and state regulations.
(11)
Additions and alterations.
a.
Permit required. A permit issued by the Building Division Director shall be required before any construction on a mobile home lot or any structural addition or alteration to the exterior of a mobile home. No permit is required for addition of steps, awnings, skirting, or tenant storage structures as defined above.
b.
Size of expansion. No addition to a mobile home shall be greater than the area in square feet of the existing mobile home. No addition or alteration to the mobile home shall exceed in height the height of the existing mobile home, and all such alterations or additions shall be factory built.
c.
Conform to setbacks. Any addition to a mobile home shall be deemed a part of the mobile home and shall have the same setbacks as the existing mobile home.
d.
Skirting required. Vented skirting of nonflammable material for mobile homes is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard.
(12)
Utilities. Utilities shall be installed underground and shall meet City ordinances and State of Wisconsin Statutes and codes.
a.
Electrical requirements. Each mobile home and travel trailer lot shall be connected to the court or camp electrical wiring system by underground cable and by approved receptacle, disconnecting means, and over current protective equipment. The minimum service for each mobile home lot shall be 12-240 volts AC, 100 amperes. Adequate lights shall be provided in mobile home courts and travel trailer camps to illuminate public or private streets, driveways, parking areas and walkways, for the safe movement of vehicles and pedestrians at night. Street lights shall be provided at each public or private street intersection, at all dead ends, and at mid-block points not exceeding 300-foot intervals and shall meet the City's minimum lighting level standards for public streets or be as approved by the City Engineer.
b.
Sewer service. All mobile home courts shall be served by public sewer. Each mobile home lot shall be equipped with at least a three-inch sewer connection so located as to provide a suitable connection from the home with a continuous grade, not subject to surface drainage. Travel trailer courts shall provide facilities for the disposal of sanitary wastes as set forth in the State of Wisconsin Administrative Standards.
c.
Water. City water shall be provided by a separate lateral at each mobile home lot. Travel trailers shall be served by the City water system. Provisions shall be made to supply water within 50 feet of each travel trailer lot.
d.
Fire protection. Fire hydrants shall be located within 500 feet of any mobile home or service building.
(13)
Mobile home stand, patio, and tiedowns.
a.
A mobile home stand shall be a continuous four-inch concrete single slab or an approved alternate to support the mobile home.
b.
The mobile home stand shall be provided with six anchors and tiedowns such as cast-in-place concrete dead man eyelets embedded in concrete foundations or arrowhead anchors or other devices securing the mobile home. Anchors and tiedowns shall be placed at least at each corner of the mobile home stand and at the middle of each side, and each side shall be able to sustain a minimum tensile strength of 2,800 pounds.
(14)
Roadways.
a.
All roadways created by a mobile home court shall be hard surfaced according to standards established by the City Engineer.
b.
The minimum pavement width of roadways shall be 30 feet except that a 24-foot pavement width may be permitted, provided space is permanently set aside and shown on the final plan to accommodate the storage of tenants' recreation equipment and vehicles.
c.
The alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to satisfactory control of surface water and groundwater.
d.
The names of roadways within the court shall not duplicate the names of streets within the City or its extraterritorial jurisdiction.
(15)
Lot markers. The limits of each mobile home and travel trailer lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
(16)
Fences and hedges. Fences and hedges may be permitted in a mobile home court or travel trailer camp provided they do not exceed a height of 30 inches in the front or corner side setback areas and six feet in height in all other areas.
(17)
Garbage and rubbish storage areas. Garbage and rubbish shall be stored in flytight, watertight, approved containers stored within a completely enclosed building or may be stored outside, provided such storage area is effectively screened from view.
(18)
Service building required. Service buildings for mobile home lots or travel trailer lots shall be made of permanent construction in accordance with City and state codes.
(Code 1976, § 18.24.080)
State Law reference— Authorizing of city to license and regulate manufactured and mobile home communities, Wis. Stats. § 66.0435.
(a)
Conditional use permit required. A conditional use permit is required prior to the establishment of any migrant labor housing development.
(1)
The conditional use shall be reviewed annually by the Plan Commission for the first two years of operation to ensure that approval conditions are being met and additional conditions are not needed.
(2)
The conditional use is only valid while there is a business or industry within the City of Janesville requiring migrant workers. When the seasonal use is discontinued for a period of three consecutive years, all housing structures and common use facilities shall be removed from the property.
(3)
Violations to approval conditions may result in revocation of the conditional use permit upon a hearing held by the Janesville Plan Commission and such other relief as provided in this Chapter, in law, and/or in equity.
(b)
Seasonal migrant labor housing standards:
(1)
Migrant labor facilities and housing must meet all provisions of Chapter DWD 301, Department of Workforce Development, published under Wis. Stats. § 35.93, as from time to time amended or renumbered.
(2)
The maximum number of inhabitants allowed in the facility and in each room shall be specified and each habitable unit shall be defined. The occupant load shall be posted inside each building.
(3)
Only the first floor can be used as dormitory type of migrant labor housing and dormitory type housing cannot be used for non-migrant workers.
(4)
Basement and second floor rooms or apartments cannot be used for habitation unless specified in the conditional use permit.
(5)
The facility, and each room within it, cannot exceed the number of tenants specified in the conditional use permit. There shall be an inspection of the facilities by City of Janesville inspection staff if there are complaints about the number of individuals in the facility or its rooms.
(c)
Site specifics:
(1)
Seasonal migrant labor housing may only be established on the same or adjacent site and accessory to the industrial use being served.
(2)
Site plan review shall be conducted in accordance with Section 42-273.
(3)
The off-street parking standards described in Section 42-359, as from time to time amended or renumbered, shall be adhered to at all times. The required parking ratio for migrant labor housing is one parking stall per five migrant workers.
(4)
All permanent loading facilities and trash/recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosures. Said wall or fence shall be constructed of the same or complementary materials as the building that it serves. Loading and trash storage area shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for employees using such facilities.
(5)
Each housing structure and common use facility within the migrant labor housing development shall be connected to municipal water and sewer service.
(Ord. No. 2019-769, § IV(18.24.085), 10-14-2019)
(a)
The zoning fees are an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
(b)
Re-inspection fee. A re-inspection fee in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code shall be charged by the City against and paid by the property owner for every violation that is not correct by the re-inspection date. An additional re-inspection fee shall be charged by the City for each subsequent re-inspection per violation until full compliance is achieved.
(c)
Fee schedule review. The fees as listed above shall be reviewed on at least a five-year cycle beginning on January 1, 2007.
(Code 1976, § 18.24.090; Ord. No. 2017-708, § II, 11-27-2017; Ord. No. 2018-741, § III, 11-26-2018)